Utah § 23c-104 - Third-party electronic information and records.

Full text of Utah Utah Code § 23c-104 — Third-party electronic information and records., with citation guidance and answers to common questions.

§ 23c-104. Third-party electronic information and records.

Effective 5/6/2026
77-23c-104.  Third-party electronic information and records.
(1)Except as provided in Subsection (2) or Section 77-22-2.5 or 77-23c-104.1, and subject to Section 77-23c-105, a law enforcement agency may not, except through the use of a search warrant issued by a court upon probable cause, obtain, use, copy, or disclose:
(a)a subscriber record; or
(b)for a criminal investigation or prosecution, any record or information related to a subscriber or a customer, other than a subscriber record, that is:
(i)in the possession of a provider of an electronic communication service or a remote computing service;
(ii)created or maintained by a provider of an electronic communication service or a remote computing service; or
(iii)received from, or derived from, a record or information originally possessed, created, or maintained by a provider of an electronic communication service or a remote computing service.
(2)Except as provided in Section 77-23c-104.1 and subject to Section 77-23c-105, a law enforcement agency may obtain, use, copy, or disclose a subscriber record, or other record or information related to a subscriber or customer described in Subsection (1)(b), without an investigative subpoena or a warrant, only:
(a)with the informed, affirmed consent of the subscriber or customer;
(b)in accordance with a judicially recognized exception to warrant requirements;
(c)if the subscriber or customer voluntarily discloses the record in a manner that is publicly accessible; or
(d)if the provider of an electronic communication service or remote computing service voluntarily discloses the record:
(i)under a belief that an emergency exists involving the imminent risk to an individual of:
(A)death;
(B)serious physical injury;
(C)sexual abuse;
(D)live-streamed sexual exploitation;
(E)kidnapping; or
(F)human trafficking;
(ii)that is inadvertently discovered by the provider, if the record appears to pertain to the commission of:
(A)a felony; or
(B)a misdemeanor involving physical violence, sexual abuse, or dishonesty; or
(iii)subject to Subsection (2)(d)(ii), as otherwise permitted under 18 U.S.C. Sec. 2702.
(3)A provider of an electronic communication service or remote computing service, or the provider's officers, employees, agents, or other specified persons may not be held liable for information, facilities, or assistance provided in good faith reliance under this section.


Amended by Chapter 338, 2026 General Session

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Frequently Asked Questions About Utah § 23c-104

What does Utah Code § 23c-104 cover?

Section 23c-104 ("Third-party electronic information and records.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 23c-104?

A common citation format is "Utah Code § 23c-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 23c-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.